Talking to Employers about Disability: ADA Trainer Network Module 3i Talking to Employers about Disability: Legal & Practical Considerations Trainer’s Name Trainer’s Title Phone Number Email/Website Here

Disclaimer Information, materials, and/or technical assistance are intended solely as informal guidance, and are neither a determination of your legal rights or responsibilities under the ADA, nor binding on any agency with enforcement responsibility under the ADA. The Mid-Atlantic ADA Center is authorized by the National Institute on Disability and Rehabilitation Research (NIDRR) to provide information, materials, and technical assistance to individuals and entities that are covered by the ADA. The contents of this document were developed under a grant from the Department of Education, NIDRR grant number H133 A110020. However, those contents do not necessarily represent the policy of the Department of Education, and you should not assume endorsement by the Federal Government.

What can an employer ask about disability during the application process? Employers cannot ask questions that are likely to reveal the existence of a disability. Applicants with disabilities do not have to tell about a disability during hiring even if they believe they will need an accommodation if hired Whether or not a job applicant said she had a disability when hired, she still has a right to an accommodation later if hired

What can an employer ask about disability? After a job is offered but before starting work, employees can be required to take a medical exam that is job-related and consistent with business necessity or safety. If this exam reveals a disability, employer can only rescind the job offer if the disability cannot be accommodated or there is a direct threat. If an employer has a reasonable belief that a person with a known disability may require an accommodation, OK to ask about what they need to participate or perform tasks.

Talking to an employer about an accommodation need… Employers are required to accommodate KNOWN disabilities How do employers know about a disability and accommodation need? There is a reasonable belief that an accommodation is needed (e.g. an employee using a wheelchair needs to reach a high shelf) The employee him/herself tells the employer Someone other than the employee informs the employer (such as a disability service provider)

Talking to an employer about an accommodation need… Employer may (but does not have to) require medical information to support the accommodation decision Who else can be told? Co-workers who will need to do something differently (who are directly impacted) can be told only that an ADA accommodation has been put into place (not as a special favor, but as a right of all employees with disabilities) These co-workers can only be told how this accommodation will impact co-worker’s job

Talking to an employer about an accommodation need… Don’t wait until job performance is seriously compromised Can use plain language—no need for special medical or legal terms to request an accommodation Can tell either the supervisor or a human resources professional

The interactive process: After the employer is informed, something needs to happen in a timely manner Both employee and the employer play a role Employee needs to be prepared to discuss: How the disability impacts the job Some accommodation suggestions Some suggestions for resources or employer incentives Do some homework: Job Accommodation Network* and ADA Centers** can help! Some accommodations are better than others—leave and re-assignment should be considered as last resorts *Job Accommodation Network: www.askjan.org or call 800 526 7234; TTY: 877 781 9403 **ADA Centers: Call 800 949 4232

Thinking it through--Check this out: Make a decision about if, when and how a disability will be discussed with an employer No “one size fits all”--Each person, each disability, each situation is different! If you decide to discuss a disability, be prepared*! How does the disability impact the job? How might the disability change over time? What are some options? What are some resources? What might employer’s concerns be? Are there any valid safety concerns? How can valid concerns be addressed? How will you deal with concerns that are not valid? *Job Accommodation Network: www.askjan.org or call 800 526 7234; TTY: 877 781 9403 or ADA Centers: Call 800 949 4232

Avoid these pitfalls: Discussing your disability too late: Waiting until your disability seriously impacts your job performance Discussing your disability too early (or un-necessarily): Discussing a disability even when it has no impact on the job Providing too much information: Employers and co-workers do not need detailed information about your diagnosis Providing too little information: Not responding to valid requests for information about your disability and its impact on the job Being unclear and unprepared *Job Accommodation Network: www.askjan.org or call 800 526 7234; TTY: 877 781 9403 **ADA Centers: Call 800 949 4232

Handout--Checklist Making Choices, Getting Ready Break into groups of two… Have a look at the handout Any points stand out for you? In what areas do you feel well-prepared? In what areas do you feel you need more thought or preparation? *Job Accommodation Network: www.askjan.org or call 800 526 7234; TTY: 877 781 9403 **ADA Centers: Call 800 949 4232